Question: What is a temporary injunction? When and in what matters temporary injunction can be granted? Mention also the C.P.C. (Amendment) Act, 1999 Or When a Court grants temporary injunction under C.P.C.? Is there my limit within which the Court must dispose of the application or injunction? Find the answer to the mains question only on Legal Bites. [What… Read More »

Question: What is a temporary injunction? When and in what matters temporary injunction can be granted? Mention also the C.P.C. (Amendment) Act, 1999 Or When a Court grants temporary injunction under C.P.C.? Is there my limit within which the Court must dispose of the application or injunction? Find the answer to the mains question only on Legal Bites. [What is a temporary injunction? When and in what matters temporary injunction can be granted? Mention also the C.P.C. (Amendment) Act, 1999...

Question: What is a temporary injunction? When and in what matters temporary injunction can be granted? Mention also the C.P.C. (Amendment) Act, 1999 Or When a Court grants temporary injunction under C.P.C.? Is there my limit within which the Court must dispose of the application or injunction?

Find the answer to the mains question only on Legal Bites. [What is a temporary injunction? When and in what matters temporary injunction can be granted? Mention also the C.P.C. (Amendment) Act, 1999 Or When a Court grants temporary injunction under C.P.C.? Is there my limit within which the Court must dispose of the application or injunction?]

Answer

The cases in which a temporary injunction may be granted have been given under Rule 1 Order XXXIX of CPC, 1908. According to which – Cases in which temporary injunction may be granted – Where in any suit it is proved by affidavit or otherwise,-

  1. That any property in dispute in a suit is in danger of being wasted, the damage proved by affidavit or otherwise, or alienated by any party to the suit, or wrongfully sold in execution of a decree,
  2. That the defendant threatens or intends, to remove or dispose of his property with a view to defrauding his creditors.
  3. That the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.

The Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, causing injury to the plaintiff in relation to any property in dispute in the suit as the on thinks fit, until the disposal of suit or until further orders.

A temporary injunction is an order by which a party to an action or suit or proceeding is required to do or to refrain from doing a particular thing until the suit is disposed of or until further orders of the court.

In-State of Rajasthan v. R.D. Singh, it was held that an injunction may be defined as a judicial process whereby a party is required to do or to refrain from doing any particular act.

The main purpose of granting a temporary injunction

In Ram Chandra v. M/s, Ram Rakhmal, it was held that the main purpose of granting a temporary injunction is to preserve the subject matter of the suit in status quo for the time being.

In Dorab Cawasji Warden v. Coomi Sorab Warden, it was held that a temporary injunction can only be granted to restore the status quo and not to establish a new state of things.

Who may apply for a grant of temporary injunction

Ordinarily, the plaintiff makes an application for a grant of temporary injunction. But under certain circumstances, the defendant may also make an application for a grant of a temporary injunction against the plaintiff. Hence, it can be said that both the parties of the suit, i.e., the plaintiff as well as the defendant can make an application for a grant of temporary injunction.

Against whom injunction may be granted?

In Fakira v. Kulsum Bai, it was held that an injunction may be granted only against a party to the suit or proceeding and not against a stranger or a third party, but it cannot be granted against a court or a judicial officer.

Grant of temporary injunction

In Parbathi Venkatarmaiah Chetty v. Parbathi Rathammaiah Chetty, it was held by Supreme Court that a temporary injunction may be granted during the pendency of appeal where without it the result of the appeal would become infructuous even if it goes in favor of the appellant.

Factors to keep in mind while granting injunction

The court is under an obligation to find out a prima facie case and at the same time it must also consider other factors mentioned hereunder

  1. Where the plaintiff fails to establish locus standi to seek injunction the suit will fail.
  2. Secondly, whether the plaintiff will suffer irreparable loss in case the temporary injunction is not granted.
  3. Thirdly, the balance of convenience lies in favor of the plaintiff.

Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2022-02-04T11:31:23+05:30
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